The Supreme Court on Thursday agreed to list in March a public interest litigation (PIL) seeking directions to seize the election symbol or deregister political parties that promise or distribute “irrational freebies” before elections, calling it an important constitutional and electoral issue.
The PIL, filed by advocate Ashwini Upadhyay through counsel Ashwani Kumar Dubey, challenges the legality of pre-poll promises of irrational freebies funded by public money. The plea was first heard in January 2022 by a bench headed by then CJI N V Ramana, which had issued notices to the Centre and the Election Commission of India (ECI), terming it a “serious issue” and observing that the “freebie budget is going beyond regular budget”.
On Thursday, a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi agreed to list the matter in March. “This is an important issue. You please remind us and mention it at the end. We will list in March,” the CJI told the petitioner.
Petitioner Ashwini Upadhyay pointed out that notices had already been issued two years ago and sought an urgent hearing. He argued, “Except Sun and Moon, everything is promised by political parties to voters during elections and this amounts to corrupt practice.”
The PIL contends that the promise and distribution of irrational freebies:
- Unduly influence voters
- Disturb the level-playing field
- Vitiate the purity of the poll process
- Violate constitutional provisions such as Article 14 (equality before law), Article 162 (executive power of States), Article 266(3) (expenditure from Consolidated Fund), and Article 282 (expenditure for public purpose)
The petition describes the trend as “the greatest threat to the survival of democratic values” and compares it to “bribing the electorate at the cost of the exchequer to stay in power”.
- A declaration that the promise or distribution of private goods/services from public funds for non-public purposes violates constitutional provisions.
- Directions to the ECI to insert a condition in the Election Symbols (Reservation and Allotment) Order, 1968 to prohibit political parties from promising/distributing irrational freebies.
- Alternatively, a direction to the Centre to enact a law regulating such pre-election promises.
The plea also refers to recent state elections where parties allegedly made arbitrary promises of goods and services to influence voters.
The PIL is expected to come up for hearing in March, where the Supreme Court may assess whether pre-election promises of freebies breach constitutional norms and electoral fairness, and whether legal or regulatory interventions are warranted.
